Today we sit around the campfire and talk about a different kind of story, and unfortunately it's not a fairytale, pretty or otherwise.
When I first started this website, I stated that while it was intended to primarily be a site about movie reviews, that I hoped to branch out and do reviews of other matters as well. In the almost-year it's been since LanceReviews was launched, I've reviewed the music of Ayumi Hamasaki, several film scores, and waxed rhapsodic about why Bale should be Bond. But within the world of celebrities, nothing aside from Heath Ledger's death has really moved me enough to discourse upon it, until the fairly recent lawsuit launched by J.K. Rowling and Warner Brothers against RDR books and fan-cum-author Steven Vander Ark, regarding the possible copyright infringement upon her works. As an author who has had work stolen from him, this scenario touches me personally. Surprisingly however, I am not taking Rowling's side in this matter; I choose to stand by Vander Ark, the alleged infringer... because I think he is the true victim in this case.
If you visit Steven Vander Ark's website, The Harry Potter Lexicon,
you'll find one of the most thoroughly comprehensive websites ever composed by a loving, dedicated fan. Someone whose heart and soul was touched by the writings of another human being so much that they dedicated a significant chunk of their own life in praise of such work. Part of the desire of anyone who's ever told a story--from the ancient Greeks to Bram Stoker to Tolstoy right on up to Rowling--is that somewhere, at least one person will hear that story in their heart and say to themselves(and preferably a hundred or so likeminded friends) "I get it. I totally understand what you're saying. Thank you." The engine of the human ego runs partly on such praise, sops it up, revels in it. But what happens when one of the ego's wheels slips off track, and starts to believe its own hype? Then you get a lawsuit between a self-satisfied author and a fan who wanted nothing more than to possibly receive some justification of their own for such hard work and devotion.
Steven Vander Ark's site has in the past been praised by Rowling herself, and even had a fan award bestowed upon it by her. She has admitted that while continuing to write the Harry Potter novels(which as a sidebar of their success, has managed to make her a billionaire) she would swing by Ark's site for confirmation of certain facts, rather than search through her own books to find whatever info she needed. For his part, Vander Ark has stated several times that he never intended to make any money from the Lexicon(other than from the minor advertising revenue his site makes), until he was approached by an RDR books rep. Even then, Vander Ark was still concerned about treading on Rowling's toes, but allegedly the rep stated there would be no copyright infringement. Even so, Vander Ark's devotion to Rowling(and of course, enlightened self interest) was so great that he insisted a clause be put into his contract that any cost from a possible lawsuit be incurred solely by RDR. One would think that at this point, Vander Ark had used a spell of divination to see the future, for no sooner did Rowling learn of the intention to publish Vander Ark's Lexicon site in book form, than she and Warner Bros.(property holders to the intellectual rights to the Harry Potter films) gathered together their legal eagles and swooped down upon RDR and Vander Ark like a pack of crazed Dementors.
What's particularly interesting about the Rowling-RDR lawsuit is not that it's happening--court cases such as this one happen all the time--what's interesting is the timing of the suit; specifically, that it happens right when Rowling is in the midst of writing her own Harry Potter Encyclopedia.
This is one of the interesting things which is going unnoticed by the media--swept up as they are in their neverending infatuation with Rowling and all things Potter--that aside from the author's crocodile tears and protestations of RDR's intentions to publish the Lexicon sapping her of "the will to write", that such thoughts have "decimated my creative work over the last month," and that said publication leaves her "not at all convinced that I would have the will or heart to continue with my own encyclopedia", that what this all really boils down to is that Rowling simply doesn't want another aspiring writer to have a piece of her billion dollar pie.
Very contradictory behavior for a philanthropist and a former admirer of her fan's work.
It's understandable to a degree. Money is always a powerful moti-vator, no matter what industry in which one works. Especially in the publishing industry, in which not only is it hard enough to break into, but wherein only a select few authors ever see the type of success--personal and financial--that Rowling has achieved. The problem with this whole lawsuit is not that it is happening, but that it never needed to happen in the first place. As I stated in a previous article dealing with fandom, there should be times when the most well-done works of fans should be allowed to turn a profit for all the hard labor put into them. Parmount--once infamous for cracking down hard on fan-based Star Trek websites--has finally wised up to a certain degree in regards to such outings as Star Trek: New Voyages(now called Star Trek: Phase II) and Star Trek: Of Gods and Men. While the studio still doesn't allow such indie productions to make money, they've at least begun to admit their value, going so far as to display articles and production information about them on Trek.com. Lucas was ahead of this curve by judging several fan awards over the years, and other companies are finally beginning to turn to web series creators as the next great source of revenue.
And as far as thinly veiled references to other works--and the lawsuits based upon such spindly evidence--goes, the back cover of Rowling's last book, "Harry Potter and the Deathly Hallows" has a painting containing a cloud which vaguely resembles the U.S.S. Enterprise-D(see picture to immediate right). Does this mean Gene Roddenberry's son should call up Paramount and see if they can get their lawyers to set their phasers on "sue"? Should Tolkien's heirs, or those of any of the other half dozen authors over the years whose works Rowling "channeled" to create her melting pot universe sue her for infringement? Probably not, but what's good for one is good for all, right?
Along these lines, rather than cry plagiarism(which this isn't; Vander Ark has always cited Rowling's books as the source material. In any plagiaristic case, the offender does their best to not acknowledge where the origins lie, and indeed they try to put it off as their own), Rowling and Warner Bros. could have gone with several options. Option 1) RDR books could have received an injunction to stop publishing the book, until such time as Rowling and Vander Ark could have reached an agreement as to how much of his profits she'd be entitled to, for the sake of creative fairness. Option 2) Rowling could have prevented the book from being made initially, but then invited Vander Ark to work with her on her own encyclopedia, and incorporate his facts and work into her own. Option 3) Rowling and Warner Bros. could have just let RDR publish the book and allow Vander Ark to reap some profit for the exhaustive work he'd put in(with a public acknowledgement on both his site and Rowling's that Ark's Lexicon is the only affirmatively endorsed fan-made project)...and as a side-effect, allow J.K. to receive even greater praise from her fans for her generosity. Notice how each of these options allows Vander Ark to make some money off his passion(which is all Rowling herself wanted, all those poverty-stricken moons ago), and no one gets hurt.
You see, the thing is that if Rowling's so sure of the righteousness of her cause, then why did she ask the judge to bar Vander Ark from the courtroom during her testimony? Perhaps because she doesn't want to look into the eyes of someone who still has nothing but love for her work, and feels a sense of betrayal himself? Also, as to her claims that Ark's Lexicon might spoil plans for her own encyclopedia, I have to conjure the counter spell of Absolutus Bullshiticus. As anyone even remotely familiar with Star Trek is aware, there have been fan-based writings, lexicons and other materials published for decades, and not one of them has damaged the sales of any product which has come from the official sources of Paramount or any of the companies that have published Trek novels. In fact, had Rowling and her lap dogs at Warner simply allowed Vander Ark to publish his own book and then gone along with plans to bring out her own, the fans would have bought even more copies of her book, in order to make fun compari-sons and inspire lively debate within the community. The simple and undeniable fact is that no matter what fan-based material comes out, loyal followers will always return to the original source of canon.
J.K. Rowling has done a good job of putting on her game face in court, seeming like the wounded victim. But one look at Vander Ark's testimony--most especially the fact that he still holds Rowling in high regard, in spite of what he's going through--and it's easy for those without stars in their eyes to see who's the victim in this case.
It only remains to see what judgment will finally be pulled out of the Sorting Hat.
Official Archives of LanceReviews...
Harry Potter and the Greedy Author
(Or: How being a billionaire has finally gone to J.K. Rowling's head...)
J.K. Rowling: author, billionaire, philanthropist...literary schoolyard bully.
Hey, J.K....I'm using a cover from one of your books. Would you like to sue me?
Hmmm...someone might want to call Paramount's lawyers. I think I smell copyright infringement!
"And as is written in my bible, I decree to my fans that Vander Ark must be cast out of Potter Heaven!"
"Next question...? Why, yes--this is my power suit for trampling all over the little guy! I had it custom-tailored, thank you!"
Addendum: As of September 8th, 2008, Rowling won her lawsuit against RDR Books and the killing of The Harry Potter Lexicon. Steven Vander Ark, however, insists he remains a fan of Rowling's. No doubt remains as to which of the two parties in this suit rose above the baser instincts of human nature.
